Plaintiff May Amend Consumer Deception Claims in ‘Keto-Friendly’ Cereal Class Action

  • Order

SAN FRANCISCO — A California federal judge has allowed amendment of consumer deception claims in a putative class action accusing Catalina Snacks Inc. of misrepresenting to consumers that its “keto-friendly” cereal contains real fruit and “premium ingredients.”

In a Jan. 18 order, Judge Araceli Martinez-Olguin of the U.S. District Court for the Northern District of California ruled that the claims fail as pled because “nothing on the product labels state or imply that the cereal flavors are derived entirely or predominantly from banana, apple, mint, or honey.”

The judge also dismissed with prejudice the claim asserted under the “unlawful” …


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